Showing papers on "Public international law published in 1969"

Human Rights and World Public Order: A Framework for Policy-Oriented Inquiry

Abstract: From the Universal Declaration of Human Rights in 1948, through the adoption of the International Covenants on Human Rights in 1966, and to the Proclamation of Teheran in 1968, the human rights program under the auspices of the United Nations has represented a tremendous collective effort and symbolized the common aspirations of mankind for increasing the protection of all basic human values. This program, as greatly agitated and accelerated by the process of postwar decolonization and the rapid emergence and multiplication of newly independent states, has burgeoned far beyond the contemplation of the founding fathers of the United Nations. Yet, few tasks confronting the world community today remain more vital to its future than the defense and fulfillment of the basic values of the individual human being. Despite recurrent syndromes of national and ethnic parochialism, the vast majority of the peoples of the world continue to demand for themselves, and to acknowledge for others, certain fundamental rights to the minimnum conditions of a dignified human existence. Deprivations of human rights visited upon one individual or group are increasingly perceived to be a personal deprivation for any observer and a potential threat to all freedom. Indeed, the knowledge is now pervasive that no people can really be secure in basic rights unless all peoples are secure. Despite the rapid proliferation of international agreements, documents, and literature concerning human rights, the difficulties inherent in the program are, however, many and substantial. The successive efforts in formulating new community aspiration, though impressive in number, have failed to obtain wide acceptance as authoritative prescription. Even when the formal ratification of agreements has been achieved, the profound incongruence in the expectations of authority and control is of commonplace knowledge. Nation-states continue to engage in immense value deprivations of the individual and show little readiness to accommodate themselves to more inclusive authority. The predispositions of the effective elites in the different communities around the globe have not been sufficiently mobilized to establish and maintain the necessary processes and procedures for enforcement and, in the absence of a workable enforcement system, the authority and control made available to international governmental organizations have been most limited. From the perspective

International organization under the United Nations system

Abstract: and suspension of diplomatic relations is often not accompanied by suspension of consular relations. All the above are succinctly discussed in Romain Yakemtchouk's book. The author, a professor at 1 'Universite Lovanium de Kinshasa, often uses the 1963 Vienna Convention on Consular Relations as the point of departure, comparing its major provisions with selected treaties, statutes and cases. This approach is commendable, since the convention constituted the first systematic codification of consular law on a world-wide basis. Furthermore, due to the active participation of many African states at the United Nations Conference on Consular Relations, the resultant convention could not fail to reflect their views and gain their acceptance. Appended to the text is a valuable table of treaties (pp. 98-100), which includes ninety-two bilateral treaties bearing on African consular relations. The table is somewhat marred, however, by the absence of any indication on the sources of these treaties. This minor defect notwithstanding, the volume is useful to all interested in African consular relations, particular with regard to those between Francophone states.

International Organization and the Rule of Law

Abstract: “International-Law-and-Organization” has become a hyphenated conception but the implied interrelations are assumed rather than explored All international organization, of course, may be seen as an aspect of law partaking of its forms and sharing its purposes Law and organization have in common that, in both, nations eschew laissez-faire and “going it alone” and identify and prefer common interests Often, on the other hand, one thinks of international organization in contradistinction to law as making different promises, suffering different limitations, evoking different loyalties

The Protection of Companies in International Law in the Light of the Nottebohm Case

Abstract: IN the Nottebohm Case 1 the International Court of Justice ruled that Liechtenstein was not entitled in customary international law to protect one of its nationals because that national lacked a "genuine connection" with it.2 The ruling was a surprising one since it had been generally understood that States were always entitled to act on behalf of any of their nationals. The national in the case was an individual and the Court clearly had only individuals in mind. Nonetheless, since the same untrammelled power of protection has been understood to extend to companies, it is of interest to consider certain aspects of the law and practice concerning the protection of companies in the light of the Court's ruling.3 This is especially so when it is remembered that the equivalence of the rules in respect of companies and individuals was not an accident; that the latter followed by a conscious analogy from the former with the emergence of the company as an internationally operational commercial institution. If, then, the parent rule is changed, there is ground for wondering whether its offspring has been, or should be. changed also.

United States National Security Policy and International Organizations: A Critical View of the Literature

Abstract: This review essay will focus on four central questions which the author believes to be closely related to the problem of progress in the study of international organizations. These questions, narrowed to fit the scope of this essay, are the following: 1) What has been the role of international organizations in the national security strategy of the United States; 2) what has been the impact of the United States in the international organizations of which it is a member; 3) what has been the impact of participation in international organizations on the range of United States choices and methods in the foreign policy area; 4) what impact have changes in the shape of the international political system had upon United States participation in international organizations and upon those organizations' impact on the United States. This analysis will concentrate only on studies relevant to these themes.

World Population and International Law

Abstract: sentiment rests on certain assumptions about world community policy that are drawn from a meta-interpretative level of analysis. The decision that Larsen would have wished the International Court of Justice to have reached would have involved giving precedence to some imperative norms, despite the failure of the genuine shared expectations of the parties to the Mandate to include these norms. The New Haven Approach is explicit in general terms about the need for meta-interpretative analysis, but it fails to provide any very satisfactory operational guidelines for its application. My criticism is made from within their systematic framework and calls for a strengthening of the system, not for its abandonment or displacement. I t is my failure to communicate to Professor Larsen that the final sections of my earlier piece were written from within, rather than against, the New Haven Approach that may account for most of our misunderstanding (or at least for my feeling that my views have been misunderstood). I end up, then, very much on Professor Larsen's side. \"We do, indeed, benefit from using systems of disciplined inquiry to guide and organize the interpretative process. We must be realistic about the limits of these systems; their application inevitably is conditioned by the orientation of the interpreter and by the unavoidable gaps between expectations, language, and the actual course of events. I add, merely, that as a consequence of the decentralization and diversity of international society it is necessary to deal explicitly with the vulnerability of systematic approaches to forms of manipulation that may become harder to detect as a direct consequence of adopting objectivist styles of analysis. The characteristics that are a virtue in the context of discovery for a treaty interpreter may turn out to be a vice in the context of justification. At least let us gain clarity about the separate domains of discovery and justification and their implication for various kinds of more-or-less partisan interpreters. My hope is that the work of the New Haven Approach, precisely because it has made such a great contribution to legal studies in general and international legal studies in particular, will grow gradually more sensitive to this vulnerability, which could otherwise yet turn out to be the Achilles heel of a policy-oriented sociological jurisprudence.

America’s objections to the international criminal court

Abstract: In what follows, I present a combination of philosophical and political perspectives on human rights and the establishment of an international criminal court. I present the United States’ pragmatic objections to establishing an international criminal court. Contrary to the United States’ pragmatic objections, I argue in favor of an international criminal court. Ultimately, I attempt to illustrate that the international criminal court will have protective measures designed to prevent political abuses of justice. When working properly, these protective measures will satisfy the U.S.’s pragmatic concerns. Thus, I conclude, the U.S. ought not abandon its longer history of supporting the establishment of an international criminal court.